Legal Question in Wills and Trusts in Pennsylvania

misrepresentation of executor

my godmother recently passed away leaving me her sole beneficialry and executrix, however, she had two annuities which were to be equally shared by my 3 daughters. My husban's secretary, unbeknownst to me, called the two insurance companies and told them she was the lawyer for my aunt's estate and to send the checks to my husband's office. I had given him a copy of my probate short form and a copy of her death certificate, but was unaware of what he needed it for. At that time only one annuity was clearly in the girls name and the three checks for each girl was sent to the office. He had the girls sign their checks and he proceeded to borrow the money from them. I was unaware of this till a later date. This is so unfair to our daughters who were coerced into loaning him this money, which if they ever see it, will be a miracle. Do I have grounds for a civil suit? And which party or parties can I direct this? Fortunately, I negotiated the second annuity for the girls and all is well with that because I was aware of his deceitful behavior before more damage was done. Thank you, Carole


Asked on 2/15/06, 9:46 pm

2 Answers from Attorneys

CHARLES WEINER Law Office of Charles Weiner

Re: misrepresentation of executor

There are both potential criminal and civil penalties involved. On the civil side there are potential causes of action for fraud and coversion against your husband. Moreover, there may be a cause of action against the insurance company if they did not follow proper porcedure in releasing the funds. An attorney should review further facts and documentation in order to evaluate the liability. Feel free to contact me to discuss this matter further.

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Answered on 2/16/06, 9:49 am
Mark Johns Mark Johns, Esquire

Re: misrepresentation of executor

The secretary and the husband are possibility guilty of wire fraud, theft by deception, unauthorized practrice of law and numerouis other offenses. Your daughters are the "victims" and would be the people to press charges.

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Answered on 2/16/06, 5:36 am


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